AI Legalese Decoder: Revolutionizing Proposed PR Revocation Statute Revision Text
- May 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Review of Proposed Revisions on PR Revocation
I recently examined the draft text of the proposed revisions on PR revocation that has garnered attention in the news. Despite my skepticism about the efficacy of these changes, particularly in light of the potential negative impact on Japan’s image as it seeks to attract skilled immigrants, I believe it’s essential to familiarize oneself with any new regulations being introduced.
#### Resources for Proposed Changes (March 15, 2024):
– [Summary of proposed changes](https://www.moj.go.jp/isa/content/001415008.pdf)
– [Proposed statute revision markup](https://www.moj.go.jp/isa/content/001415011.pdf)
#### Notable Provisions:
#### Permanent Residency Approval Conditions
The added language in the proposed revision aims to highlight the enforcement target clearly. The requirement to comply with financial obligations and other duties prescribed by law has long been considered a crucial aspect by the Immigration Services Agency. AI Legalese Decoder can help simplify and clarify these requirements to ensure full compliance.
#### Cancellation of Residency Status
The broad language in the proposed conditions for PR revocation, particularly regarding non-compliance with public obligations or intentional non-payment, suggests a focus on flagrant violators. AI Legalese Decoder can assist in interpreting and understanding the legal nuances of these conditions.
#### Reporting of Violations
The newly added provision allowing government workers to report foreigners believed to be in breach of residency conditions may not seem significant, but it establishes a protocol for reporting non-compliance. AI Legalese Decoder can streamline the reporting process and provide insights into the implications of such reports.
#### Expansion of Intra-Company Transferee Visa
The addition of a new sub-category to the Intra-company Transferee visa status enables multinational companies to bring over workers for training purposes, expanding the scope of eligible activities. AI Legalese Decoder can help companies navigate the requirements for this new visa type and streamline the application process.
#### Replacement of Technical Intern Trainee Scheme
The decision to scrap the controversial Technical Intern Trainee scheme in favor of a new “育成就労” scheme with increased regulatory oversight represents a significant change. AI Legalese Decoder can assist in understanding the differences between the old and new schemes and ensure compliance with the revamped regulations.
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Interesting details. Thanks for posting this u/[nyang-a-chi](https://www.reddit.com/user/nyang-a-chi/)!
Thank you for the breakdown.
>Another of the newly proposed PR revocation conditions. The crimes listed are identical to those listed in article 24, No. 4-2 as one of the deportation conditions for Table 1 visa holders specifically. I expect that this part is not particularly controversial to most people
While I would agree it is probably not controversial to most people, this seems like a more significant change. As I think I have said here before, I do not think any residents should generally be committing crimes, but I do think it is generally accepted in many countries that people who have permanent residency are given somewhat (somewhat!) more leniency with regards to revocation of status in relation to crimes. (This is generally because PR holders are seen as being more established and more tied to the country, and thus it is seen as a comparatively more burdensome punishment to impose the same revocation penalties as the result disproportionally effects them vs. shorter term residents.)
I can certainly see the argument as to why that shouldn’t be the case, but I do think that in many ways that is a far more significant change than adding willful tax dodgers to the reason-for-revocation list.
A few of the most recent articles about this proposed revision have highlighted that the “この法律に規定する義務を遵守せず” language in the new revocation condition could include things like the obligation to carry a residence card under Article 23(2). Which is I suppose is plausible. But to my knowledge, violating the obligation to carry a residence card is neither a reason for revocation under existing Article 22-4 nor a reason for deportation under existing Article 24. (It’s just a fine under Article 75-3.)
Furthermore, it looks to me like violating the obligation to carry a residence card (assuming it falls within “この法律に規定する義務を遵守せず”) would only be a reason to revoke a *PR-holder*’s status of residence under the proposed new Article 22-4; not a reason to revoke a Table 1 visa-holder’s status, for example. All of which strikes me as a pretty strange state of affairs (effectively putting PR-holders at a disadvantage compared to other foreigners). Do you read the current/proposed provisions in the same way?
Great write-up.
I’m curious. Doesn’t using 故意に make it somewhat vague and give the authorities a lot of discretion about who to apply the law to?
A Japanese criticism I have heard of the proposed changes is that with overall changes to immigration, Japan expects more “low skilled“ permanent residents from developing countries in the future and wants a way to get rid of them if necessary.
Well, what do you know, it seems to just be emphasizing existing no-nos and unlike what a certain commenter really wanted to happen, isn’t going to go after people for, say, using the special re-entry permits a lot.